STATE OF MAHARASHTRA Vs. PUNDLIK AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of acquittal of the respondents delivered on 28/6/2001 in Regular Criminal Case No. 196 of 1996 by the Court of Judicial Magistrate, First Class, Nagpur. Briefly stated, the facts of the appeal are as under.:

(2.) AS the respondents pleaded not guilty to the charge framed for the afore -stated offences against them and claimed to be tried, they were tried by the learned Magistrate, in accordance with law. As the evidence brought on record by the prosecution was found to be inadequate, the learned Magistrate recorded a finding of not guilty in respect of the respondents and accordingly acquitted them of the said offences by his judgment and order dated 28/6/2001. Being aggrieved, the State is before this Court in this appeal filed under Section 378(3) of Code of Criminal Procedure.

(3.) IT is seen from the evidence available on record that the ingredients for making out the offences of cheating and criminal breach of trust by making of false representation knowing it to be false with an intention to cause wrongful gain or wrongful loss to some person and entrustment of property have not appeared in the prosecution evidence.